Local Court Amendment Rules 1991 (WA)

21 June 19911 GOVERNMENT GAZETTE, WA 3025

C RONVN CLAw..

CW301

LOCAL COURTS ACT 1904

LOCAL COURT AMENDMENT RULES 1991

Made by His Excellency the Governor in Executive Council.
Citation

1. These rules may be cited as the Local Court Amendment Rules 1991.

Commencement
2. These rules shall take effect on the day that is one month after the day that

these rules are published in the Gazette.

Appendix amended
3. The Appendix to the Local Court Rules 1961* is amended in Part II in the

Table headed BAILIFF'S FEES—

(a) by deleting items 1 to 8 and substituting the following items-

exceeding	5.30
1.	Service of summons or other process or docu- ment (not otherwise specified in this table) including anything related thereto	10.20
2.	Service of a judgment summons, including anything related thereto and attendance at court thereon	11.00

3. Warrant of execution—

(a)	Execution of, including service of neces- sary notice and return to the warrant 25.50
(b)	Attendance on the execution debtor after seizure or to inspect or remove goods under seizure for sale whilst debtor is in possession and attendance at sale, for each attendance which in the opinion of the clerk is reasonably necessary 9.50
(c)	For keeping possession of the goods under seizure where the warrant is not paid out within half an hour of bailiff's entry such fee as the clerk may allow per day including day of entry not

3026 GOVERNMENT GAZETTE, WA [21 June 1991

(d) Poundage— $

(i) sale of goods or land by licensed

auctioneer including auctioneer's

charges ......................................... 15% on amount
realized

(ii) sale of goods or land by auctioneer

other than licensed auctioneer ... 10% on amount
realized

(iii) where or land

goods are not

sold ............................................. 4% on amount

levied

(e) Carrier's charges, removal, storage of goods, costs of feeding animals seized, incidental expenses of sale ................... Such reasonable amounts as the clerk may allow

Where the Bailiff is in possession of more than one warrant only one possession atten- dance or inspection fee is payable apportioned equally among the several warrants.

4. Warrant of Possession—

(a) Execution of and return to the warrant 25.80

(b) Where vacant possession has not been obtained for each attendance subse-

quent to entry of premises possessed which in the opinion of the clerk is

necessary ............................................... 9.70

(c) Removal of persons or property that is not the property of the plaintiff from the premises or 5% of

................................................ 80.50

annual rental

value whichever

is lesser

(d) Additional assistance including carrier's charges for removal, storage of goods and incidental expenses .......................Such amount as

is in the opinion of the clerk rea- sonable

5. Bench Warrant .............................................29.40
6. Order of Commitment ..................................29.40

7.  Extra man where in the opinion of the clerk circumstances make additional assistance necessary for the execution of a Bench War-

rant or Order of Commitment ......................13.10

8.  Attendance in court except where otherwise provided..........................................................1.85

and

(b)	in item 11-
(i) in subitem (1) by deleting "65" and substituting the following— it

";

(ii) in subitem (2) by deleting "1.30" and substituting the following-

1.40 ";

(iii) in subitem (3) by deleting "65" and substituting the following-

70 "; and

(iv) in subitem (4) by deleting "65" and substituting the following-

70 ".

[*Reprinted in the Gazette on 17 November 1976 at pp.	4329-560. For
amendments to 29 May 1991 see pp.	289-90 of 1989 Index to Legislation of

Western Australia and Gazettes of 4 May and 26 October 1990.1

By His Excellency's Command,

L. M. AULD, Clerk of the Council.